Appeals : Confirmed Referee Decisions : #70 - December 2, 2002

D E C I S I O N

This was a review of a decision by the Administrator not to include the Claimant in the class.

At the hearing, the Administrator produced a number of records all of which indicated that no blood was transfused to the Claimant, that he received only albumin 25% and that there is no evidence of any blood transfusion. At the hearing, the Claimant said that his doctor had told him that he had been transfused at a surgery that took place during the period. The hearing was adjourned to hear from his doctor.

His doctor, who had retired, was eventually tracked down and wrote early in 2002 that he recalled the operation and that he has access to his records for ten years and they indicate that he did not receive blood, only albumin.

He goes on to explain that in his discharge summary he did mention that the Claimant had been given minimal blood transfusion but he said he did not mention blood transfusion in his OR report which he always does and states the amount given.

He went on to say that the hospital records would verify from the anesthetist's report whether any blood had been given.

It is my view that no blood had been given, only albumin 25%. I have reached this conclusion both from the hospital records and from the letter from the operating physician, Dr. John Wyatt. Secondly, albumin is specifically excluded from the definition of blood transfusion.

For all the above reasons, the position of the Administrator is upheld.

DATED at Toronto, this 2nd day of December, 2002.

_"G. Charney"________________________
Gerald J. Charney, Referee